International Military Alliances, 1648-2008 - Douglas M. Gibler

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Alliance between Peru and Bolivia


property, rights and shares, and their heirs or legatees that may
be so by will or ab intestato,may enter into possession of the
inheritance without any impediment whatever, and dispose of it
at their will without paying other or higher duties of succession
or of any other kind than those to which in similar cases, the
natives of the country where the property may be, would be
subject. For want of heirs or representatives the property shall
be treated in the same manner as in the same circumstances the
property belonging to natives would be treated.
VII. The citizens of each of the High Contracting Parties
shall, in the territories of the other, be exempt from all personal
service in the army or navy, as well as in the militia or national
guards, and from all other war contributions, forced loans, req-
uisitions, or military services, whatever they may be; nor shall
they in any case be subject on account of their property to other
charges, exactions, or impositions than those to which the citi-
zens of the country are subjected.
VIII. Persons belonging to the Peruvian troops enrolled in
the army of Bolivia, and the Bolivians in that of Peru, may retire
from the service to remain in the country or return to their
own, as soon as they manifest their wish to do so, saving the
contracts to which they may have bound themselves.
IX. The citizens of the two Republics shall enjoy in both
countries, reciprocally, the most ample and constant protection
for their persons and property, as well as in the exercise of their
industry and commerce ; they shall have, in consequence, free
and easy access to the tribunals of justice for the demand and
defence of their rights in all the instances and grades established
by the laws ; they shall be free to employ such lawyers, represen-
tatives, agents, and interpreters as they may see fit ; finally, they
shall enjoy in this matter the same rights and privileges as are or
may be conceded to the natives, they being subject to the same
conditions as the latter.
X. The citizens of each of the Contracting Parties cannot
claim indemnities from the other for casual accidents happen-
ing without the fault of the constituted authorities, nor for
losses they may suffer by intermeddling in the political affairs of
the country in which they reside, nor for imprisonment, subjec-
tion to trial, or other consequences that may come upon them,
if they lend themselves to the service of revolutionary chiefs,
either personally or with their property. In cases of illegal
imprisonment, they must address themselves to the tribunals to
obtain from them the proper reparations and indemnities
against those who may have occasioned and decreed it.
XI. Neither for the foregoing cases, nor for any others, shall
diplomatic reclamations be made or admitted by one of the
Contracting Parties against the other during the legal course of
the trials, and when the ordinary and extraordinary recourses
that the laws admit are exhausted, they shall only then take
place in the cases in which, according to the laws and the princi-
ples of equity, there shall have been notorious injustice.
XII. The Contracting Parties agree reciprocally to deliver up
incendiaries, pirates, treacherous assassins, counterfeiters of
money, of public deeds or commercial documents, fraudulent


bankrupts, notorious robbers, public functionaries prosecuted
for abstraction of State funds, and, in general, atrocious crimi-
nals, when they shall be claimed by the Government of one
Republic from the other, through the Department of Foreign
Affairs, with a certified copy of the definitive sentence passed in
last instance by the competent tribunal. It is agreed that, when
the criminal has to be submitted to trial for another crime com-
mitted in the country where he may have taken refuge, the
extradition shall not take place until after the sentence shall
have been passed and executed.
XIII. Both the Contracting Parties undertake not to grant
asylum to those who, faithless to the cause of America, shall
attack or enter into compacts with the object of destroying the
independence and the fundamental institutions of any of the
Spanish-American Republics, provided a definitive sentence in
last instance shall have been passed upon such criminals by the
tribunals of justice of any of the said Republics.
XIV. The Republic of Bolivia binds itself not to issue light
coin ; and both Contracting Parties agree to execute only their
last Monetary Laws of 14th February, 1863, and 29th July of the
same year, established upon identical principles and conditions.
The examination and discussion of the reclamations regarding
pecuniary indemnity to which Peru alleges a right against
Bolivia, in consequence of the stipulations contained in the
Treaty of Arequipa are left for a subsequent negotiation.
XV. The examination and discussion of the reclamations
made by Peru against Bolivia regarding the payment to which
the former alleges a right for the expenses incurred in the com-
mon independence is also left for a subsequent negotiation.
XVI. If, notwithstanding the sincere intention of both the
Contracting Parties never to recur to arms to terminate the dif-
ferences that may arise, and notwithstanding the stipulations of
the present Treaty, the peace between the two nations should
unfortunately be disturbed, it is agreed that the citizens of one
of them who may reside in the territory of the other, engaged in
commerce or any other profession or industry, may remain and
continue their business so long as they live peacebly, and do not
commit any offence against the laws. In case their conduct
should justly cause them to be suspected and they should thus
lose that privilege, the respective Governments, should they
consider it expedient to order them to leave the country, shall
concede the term of from two to six months, reckoned from the
publication or intimation of the order, so that they may arrange
their affairs, and retire with their families, goods, and property,
to which end the necessary safe conduct shall be given to them.
XVII. It is, notwithstanding, to be understood that the
respective Governments may send such suspicious persons to
the places they may deem fit to appoint, not being unhealthy,
within their own territories, but only for the time that may be
indispensably necessary, and in the case that those persons do
not prefer to leave the country.
XVIII. If, notwithstanding the stipulations of the present
Treaty, one of the High Contracting Parties should declare war
against the other, the property and effects whatever they may be
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